Drink driving 2nd offence

[Nicchi]

I was found to have 82microgrammes per 100 millilitres on the intoxicator. I was convicted for a previous offence in 2007 so fall within the 10 year rule. I am getting hugely conflicting advice from enquiries from solicitors. One told me that the magistrate will work strictly within their guidelines and that the sentencing would be a Category C fine and somewhere from 36 month ban upwards. That their is not risk go a community order or a custodial sentence. Another told me that it was a distinct possibility that I would have a custodial sentence imposed upon me. All booking in procedures by the police were done correctly and their was no resistance to arrest from me. I was wondering if I could have clarified what the sentencing position would be?

Thanks in advance

 

[SeanJoyceStephensons]

There are a number of factors that could influence the potential sentence, however my initial view is that a custodial sentence is unlikely. I would be grateful if you could provide the following information as this will give me a better understanding of the case and therefore the likely sentence.

- What was your breath reading in the previous case and what sentence did you receive
- What happened at the time of the current offence, were you involved in an accident, was anyone injured etc
- Do you have any other recent convictions and if so what sentence did you receive for these

 

[Nicchi]

There are a number of factors that could influence the potential sentence, however my initial view is that a custodial sentence is unlikely. I would be grateful if you could provide the following information as this will give me a better understanding of the case and therefore the likely sentence.

- What was your breath reading in the previous case and what sentence did you receive
- What happened at the time of the current offence, were you involved in an accident, was anyone injured etc
- Do you have any other recent convictions and if so what sentence did you receive for these

I do not know what the breath test reading was in the previous case
At time of current offence I went out with a group pf friends. I have not been drinking at all for 10 months. I did have 2 drinks during the night but other than that had non alcoholic beer. So I genuinely do not know why the reading was so high but appreciate it is what it is. No one else was involved and I was pulled over for irratic driving. I did not feel drunk and certainly did not suspect that I was over the limit for the last 8 years I have been very mindful of not being over the limit.
I have been very stressed for the last year as my wife was arrested in September of last year for domestic violence and issued with a domestic violence protection order. During the months that have followed for my kids sake I have had to be positive and alert hence no booze. Ironically this was my first time out socialising since my wife's arrest. I am the sole income provider in the house. I have been going to counselling and therapy to help me deal with my marriage breakdown. Since the arrest, I have registered with On track as I am remorseful of the impact this conviction will have on my family, my work and my activities way from work. I want to make sure that it NEVER happens again. My main concern is I have been told that under sentencing guidelines I will lose my licence for certain and face a category C fine. I have been told by another that in addition to this their are new discretionary powers to uplift this guideline to a community order or a custodial sentence and I am at potential risk of that.

 

[SeanJoyceStephensons]

Without knowing what your previous reading was, or what sentence you received for the offence it is difficult to advise about the possibility of a community order/custodial sentence. Typically for a reading of 82 in breath the sentencing guidelines advise a fine is imposed, as well as a minimum 3 year disqualification as this is your second offence within a 10 year period.

If you were sentenced to a custodial sentence or community order for the previous offence, then this indicates that the reading was quite high. This would then make the imposition of a community order for this offence more likely. I would not expect the Court to be considering the imposition of a custodial sentence unless there were serious aggravating factors in the case, e.g. an accident with other people suffering injuries and a very high breath reading in the previous case.

Based upon your instructions I believe that the Court are most likely to impose a Band C fine and a 36-46 month disqualification, although they may look to impose a community order if there are some relatively minor aggravating factors present.